Sec. 1702.406. DECISION BY BOARD  


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  • (a) Based on the findings of fact, conclusions of law, and proposal for a decision, the board by order may:

    (1) find that a violation occurred and impose a penalty; or

    (2) find that a violation did not occur.

    (b) The notice of the board's order given to the person must include a statement of the right of the person to judicial review of the order. Judicial review is under the substantial evidence rule as provided by Subchapter G, Chapter 2001, Government Code.

    (c) If the person does not file a petition in the appropriate civil court for judicial review of the board's order not later than the 30th day after the date of the order, the board's order is final for purposes of Section 1702.361.

Added by Acts 2001, 77th Leg., ch. 1420, Sec. 14.676(a), eff. Sept. 1, 2001. Amended by: Acts 2007, 80th Leg., R.S., Ch. 906 , Sec. 29, eff. September 1, 2007. Acts 2009, 81st Leg., R.S., Ch. 1146 , Sec. 4.101, eff. September 1, 2009.